DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
 
Docket No. 7756-15 MAY 2 O 201& 

Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2016. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Navy in November 2012. Prior to entering the Navy, you provided evidence that you separated your left shoulder on 26 May 2012. Eventually, you were separated for your left shoulder condition on 30 July 2014 due to a condition not a disability. Your record does not contain your administrative separation documents. 

The Board carefully considered your arguments that you suffered from a disability warranting referral to the Disability Evaluation System (DES). You allege that your left shoulder condition was a disability since multiple shoulder separations while on active duty left you with stretched tendons and deteriorating cartilage. Unfortunately, the Board did not have sufficient evidence to grant relief in your case. As mentioned above, there was no record of your administrative separation processing in your record and the only evidence you provided was pre-service medical records that shows you entered the Navy with a pre-existing condition. The Board relies on a presumption of regularity to support the official actions of Navy personnel and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. In your case, the Board was hampered by the lack of records to substantiate your claims. In any event, the Board concluded no injustice exists in your record since any referral to the DES would likely have resulted in a determination that your condition existed prior to entry into the Navy since you separated your shoulder approximately six mont hs prior to the start of active duty. Accordiµgly, the Board was unable to find an e~ror or injustice warranting a correction to your record and denied your application. rhe names and votes of the members of the panel will be furnished upon request. 

It is regretted that the. circumstances of your case are such that favorable action caIUlot be taken. You are entitled to have the Board reconsider its decision upon submission of new evidence within one year from t he date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. 

Sincerely, 

Execut i ve Director